A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On August 27, 2010, the Defendant was sentenced to a suspended sentence of one year in the six-month period due to a violation of the Road Traffic Act (drinking driving) by the Incheon District Court, and was sentenced to a suspended sentence of two years in the same court on April 1, 2015.

[Criminal facts] On October 12, 2016, the Defendant driven D SP motor vehicle under the influence of alcohol concentration of about 0.088% in the area of about 30km from the front side of the street in Seongbuk-gu Incheon Metropolitan City around 01:50 to the front side of the Chang-dong-dong, Namdong-gu, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the main place of business, survey report on actual condition, field photographs, etc. and report on investigation results;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, even though he was in the period of probation, the defendant's responsibility is less than that of recidivism, and that driving distance in this case is long distance, etc.

However, the defendant has lived in good faith for a certain period of time during which probation was being suspended, and the record of punishment prior to that time is relatively old, and there is no other record of crime. The drinking of this case is relatively low, the defendant's mistake is currently divided in depth, and the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by the order.